Worker Protection Standards Compliance Assistance College of Agriculture and Natural Resources Pesticide Education Program

WPS Compliance Assistance List proper and improper practices using water soluble packaging WPS Compliance Assistance Definitions 1 WPS Goals 2 Significant Changes: Information Display 3 Significant Changes:Training 4 Upon completion of this course participants will be able to:   List the four routes of potential exposure to pesticides List the four signal words that appear on pesticide labels Identify the level of toxicity based on the signal word Identify basic first aid for decontamination Identify the ways that water soluble packaging can help reduce exposure List four improper and four proper practices using water soluble packaging that effect exposure List two examples of technology that can facilitate mixing and loading pesticides and reduce potential exposure List three examples of how proper use of Personal Protective Equipment can reduce potential exposure 5 Significant Changes: Decontamination Supplies 6 Significant Changes: Personal Protective Equipment

Who Has WPS Responsibilities? The WPS requires agricultural employers and commercial pesticide handler employers to provide specific information and protections to workers, handlers and other persons when pesticides are used on agricultural establishments in the production of agricultural plants It also requires handlers to wear label-specified clothing and personal protective equipment when performing handler activities, and to take measures to protect workers and other persons during pesticide applications

Old WPS Definition of Agricultural Employer Agricultural employer means any person who hires or contracts for the services of workers, for any type of compensation, to perform activities related to the production of agricultural plants, or any person who is an owner of, or is responsible for the management or condition of, an agricultural establishment that uses such workers.

Revised WPS Definition of Agricultural Employer Agricultural employer means any person who is an owner of, or is responsible for the management or condition of, an agricultural establishment, and who employs any worker or handler as defined under the WPS rule.

Definitions: Worker

Definitions: Handler

Definitions: Employ Employ means to obtain, directly or through a labor contractor, the services of a person in exchange for a salary or wages, including piece-rate wages, without regard to who may pay or who may receive the salary or wages. It includes obtaining the services of a self-employed person, an independent contractor, or a person compensated by a third party, except that it does not include an agricultural employer obtaining the services of a handler through a commercial pesticide handler employer or a commercial pesticide handling establishment.

New WPS Definition Labor Contractor Labor contractor means a person, other than a commercial pesticide handler employer, who employs workers or handlers to perform tasks on an agricultural establishment for an agricultural employer or a commercial pesticide handler employer.

New WPS Definition of Commercial Pesticide Handler Employer Commercial pesticide handler employer means any person, other than an agricultural employer, who employs any handler to perform handler activities on an agricultural establishment. A labor contractor who does not provide pesticide application services or supervise the performance of handler activities, but merely employs laborers who perform handler activities at the direction of an agricultural or handler employer, is not a commercial pesticide handler employer. Old WPS only defined Handler Employer as “any person who is self-employed as a handler or who employs any handler, for any type of compensation.

WPS Liability FIFRA section 14(b)(4) provides that a person is liable for a penalty under FIFRA if another person employed by or acting for that person violates any provision of FIFRA. The term "acting for" includes both employment and contractual relationships, including, but not limited to, labor contractors.

Goals of the Revised WPS Improve occupational protections for agricultural workers and handlers Reduce acute occupational pesticide exposures and incidents Reorganize and streamline rule to make it easier to understand and follow Address concerns raised through years of stakeholder engagement

Why? Incident Analysis 1992 WPS: EPA estimated 10,000-20,000 incidents of physician-diagnosed pesticide poisonings annually in WPS-covered workforce 2015 WPS: EPA estimated there are 1,800-2,950 preventable acute pesticide exposure incidents annually on WPS-covered agricultural establishments Reviewed incidents from 11 states; assessed whether they could be prevented or mitigated by potential WPS provisions

WPS Goals Inform Protect Mitigate

WPS Goal: Inform Training Pesticide safety information Notification Information exchange

WPS Goal: Protect Restricted Entry Intervals (REIs) Personal Protective Equipment (PPE) “Do not contact” Application exclusion zones (AEZs) Suspend applications

WPS Goal: Mitigate Routine decontamination supplies Emergency eyewash Emergency assistance

Responsibilities of Agricultural Employers and Labor Contractors

General Employer Responsibilities Under Revised WPS Agricultural employer duties: §170.309(a), (b), (d), (e) & (j) Commercial pesticide handler employer duties: §170.313(a), (b), (d), (e) & (g)

General Employer Responsibilities Under WPS Ensure that any pesticide is used in a manner consistent with the product labeling when applied on the agricultural establishment Ensure that each worker/handler receives the WPS protections Ensure that equipment for mixing, loading, transferring or applying pesticides is inspected and damaged equipment is repaired or replaced before each day of use

General Employer Responsibilities Under WPS Provide to each supervisor of workers or handlers (including labor contractors) information & directions sufficient to ensure the workers/handlers receive the WPS protections Must specify the tasks for which the supervisor is responsible in order to comply Require each supervisor of workers or handlers (including labor contractors) to provide sufficient info & directions to the workers/handlers to ensure they can comply

Labor Contractors: Bottom Line The agricultural employer is ultimately responsible for WPS compliance. The existence of a contract that assigns WPS compliance responsibility to another party does not negate the employer’s ultimate responsibility for WPS compliance.

Central Display of Information (and Some Related Requirements)

Ag Employer Responsibility [170.309(h)] Revised WPS: Ag employer must display, maintain and provide access to: Pesticide safety information AND Pesticide application and hazard information (SDS) If: Workers or handlers are on the establishment AND Within the last 30 days a pesticide has been used or an REI has been in effect.

Central Display: Where does the info need to be displayed. [170 Central Display: Where does the info need to be displayed? [170.311(a)(5-7) & (b)(2-4)] At a place on the ag establishment where workers & handlers are likely to pass by or congregate and where it can be readily seen and read = “central” location Workers & handlers must be allowed access to the location at all times during normal work hours. Note: pesticide safety info must also be displayed at certain decontamination sites. [170.311(a)(5)(ii)]

Display of Pesticide Safety Information [170.311(a)] After Jan 2, 2018, display revised poster or use own format with required information

Display of Pesticide Safety Information [170.311(a)] Changes to required information: “Seek medical attention as soon as possible if you believe you’ve been poisoned, injured or made ill by pesticides.” Add name, address & phone of state or tribal regulatory agency Add mention of natural waters to instructions to wash immediately

Pesticide Safety Information [170.311(a)(5)] In addition to central location, must be displayed at decontamination sites when: The decon supplies are located at permanent sites; Decon supplies are provided at locations and in quantities to meet the requirements for 11 or more workers Based on when OSHA Field Sanitation Standard (29 CFR 1928.110) applies

Display of Pesticide Application and Hazard Information [170 Display of Pesticide Application and Hazard Information [170.311(b)(1)] Copy of the safety data sheet (SDS) Application information Product name, EPA Reg No & active ingredient(s) Crop or site treated and the location & description of treated area Date(s) and times the application started & ended Duration of the REI

Pesticide Application and Hazard Information

Safety Data Sheets (FRN 11/2/15 preamble p. 67513+) OSHA requires that SDSs be in specific format Obtain online or through distributor or manufacturer NPIC link to registrants and SDS database: http://npic.orst.edu/ingred/proddata.html Revised WPS added requirement to display SDSs because workers wanted more information on health effects – hazard and toxicological information – not just application (what they were exposed to)

When must pesticide application & hazard information be displayed? [170.311(b)(5)] New WPS Rule No later than 24 hours after the end of the application Until 30 days after REI ends or workers/handlers no longer on establishment (whichever is earlier) [Same as before]

When can workers enter a treated area? There is a related requirement [170.309(l)] for ag employers to ensure that workers do not enter a treated area until: Pesticide application and hazard information is displayed; and REI has expired; and All treated warning signs have been removed or covered. (Except for early entry as allowed by 170.603.)

When must pesticide application and hazard information be available on the ag establishment (records)? [170.311(b)(6)] First 30 days after REI expires (or until no workers or handlers present in treated areas): displayed at “central” location After 3 days: Retain in records on establishment for TWO years

How can a worker/handler access the info? [170.311(b)(7-9)] While it is displayed Worker or handler can request a copy of or access to the info orally or in writing Ag employer must provide within 15 days

How can a worker/handler access the info? [170.311(b)(7-9)] While it is displayed Treating medical personnel can request a copy of or access to the info orally or in writing Ag employer must provide promptly

How can a worker/handler access the info? [170.311(b)(7-9)] While it is displayed Designated representative can request a copy of or access to the info in writing (not orally) If request is complete, ag employer must provide within 15 days

Designated Representative Request Must be in writing and must contain: Name of the worker or handler Written statement from the worker or handler clearly designating that person to request the info on their behalf

Designated Representative Request Description of the information requested, including Dates of employment Type of work done during that period Specific application info & SDSs requested

Pesticide Safety Training Requirements

Who needs to be trained? A worker or handler must be trained unless he/she: Is a certified applicator of RUPs Is a licensed/certified crop advisor by an EPA- or state-acknowledged program that covers all of the handler safety topics Additionally, a worker does not have to be trained if he/she: Has satisfied the handler training requirements. There are a few exemptions for who needs to be trained. Workers and handlers do NOT need WPS training if they are a certified applicator of restricted use pesticides or if they are certified crop advisors and the program is acknowledged by EPA or a state as acceptable. This is because the training for both of those programs – certified applicators and certified crop advisors – goes far beyond what the WPS training covers. Additionally, if someone is trained as a handler but sometimes they do workers tasks, they do not have to also be trained as a worker.

Content of Training MUST be EPA APPROVED training Expanded training content Worker training has 23 items Handler training has 36 items However, the revisions to WPS that were published last year expanded the number of topics that need to be covered in the training. Beginning in January 2018, the training must be conducted with videos, manuals, flip charts, etc. that cover all of additional topics. The 2018 worker training will include 23 items, and I’ll explain some of the key changes next. The 2018 handler training will include all of the worker training content and 13 more topics, for a total of 36. Again, any WPS training done after January 1, 2018 will have to cover the expanded content.

Content of Training http://pesticideresources.org/wps/ttt/manual/chapter4.pdf However, the revisions to WPS that were published last year expanded the number of topics that need to be covered in the training. Beginning in January 2018, the training must be conducted with videos, manuals, flip charts, etc. that cover all of additional topics. The 2018 worker training will include 23 items, and I’ll explain some of the key changes next. The 2018 handler training will include all of the worker training content and 13 more topics, for a total of 36. Again, any WPS training done after January 1, 2018 will have to cover the expanded content.

Available EPA Approved Training For WORKERS http://pesticideresources.org/wps/training/workers.html For HANDLERS http://pesticideresources.org/wps/training/handlers.html However, the revisions to WPS that were published last year expanded the number of topics that need to be covered in the training. Beginning in January 2018, the training must be conducted with videos, manuals, flip charts, etc. that cover all of additional topics. The 2018 worker training will include 23 items, and I’ll explain some of the key changes next. The 2018 handler training will include all of the worker training content and 13 more topics, for a total of 36. Again, any WPS training done after January 1, 2018 will have to cover the expanded content.

Summary of the Revised WPS

Significant Revisions to WPS Inform workers and handlers about potential exposure to pesticides Training: annual; no grace period for workers or handlers; qualified trainers; recordkeeping; EPA-approved materials

Significant Revisions to WPS Inform workers and handlers about potential exposure to pesticides Display application information and safety data sheets (SDSs); keep records Provide upon request by worker/handler, treating medical personnel or designated representative

Significant Revisions to WPS Inform workers and handlers about potential exposure to pesticides Notify workers by posting signs if REI > 48 hours (outdoor applications)

Significant Revisions to WPS Protect workers, handlers and other people from exposure to pesticide If labeling requires respirator for handler, provide medical evaluation, fit testing and respirator training

Significant Revisions to WPS Protect workers, handlers and other people from exposure to pesticide Application exclusion zone during applications

Significant Revisions to WPS Protect workers, handlers and other people from exposure to pesticide Handlers and early-entry workers must be 18 years old

Significant Revisions to WPS Mitigate any pesticide exposures that workers or handlers receive Provide routine decontamination supplies for workers, handlers and early-entry workers

Significant Revisions to WPS Mitigate any pesticide exposures that workers or handlers receive Provide eyewash system for mixers/loaders if labeling requires protective eyewear

When does training have to be done? Workers trained before conducting tasks in a pesticide treated area (with REI in effect within last 30 days). Handlers trained before performing any handler task. And annually after that (within past 12 months). These requirements are in line with what the Occupational Safety and Health Administration requires for workers in other industries. Specifically, under WPS workers and handlers need to be trained BEFORE they are potentially exposed to pesticides. And the training has to happen annually. Those are the same as what OSHA requires for employees outside of agriculture. When we say the training has to happen annually, it means that at any time, the worker or handler must have been trained within the past 12 months.

Who can conduct the training? Trainers of workers or handlers must: be certified as an applicator of RUPs, or have completed an EPA-approved pesticide safety train-the-trainer program for handlers or workers, or be designated as a qualified trainer by EPA or the agency responsible for pesticide enforcement. It is important that the training be done by someone who is qualified – someone who understands the risks of pesticides, who knows the WPS and preferably someone who has the skills and experience to train adults. Therefore, WPS requires the training to be done by someone who meets one of these three criteria. Certified applicators – generally have to pass an exam for initial certification plus on-going training EPA-approved train-the-trainer course to learn the rule and how to train effectively Someone designated as a trainer by EPA or the agency responsible for pesticide enforcement – generally university extension pesticide safety educators and people who implement WPS.

Trainer Qualifications Additional Points Train-the-trainer courses must be EPA-approved. Completion of any EPA approved TTT course qualifies a person to train in any jurisdiction, unless explicitly prohibited. A new requirement is that train-the-trainer (TTT) programs need to be approved by EPA. This was added to ensure that the trainers will go through high quality training, which we expect to lead to better training for workers and handlers. So far, there are two approved train-the-trainer programs (Iowa State University and Florida Department of Agriculture and Consumer Services). We are reviewing more and expect more train-the-trainer programs to be submitted soon. In addition, there will be a national train-the-trainer course available by the end of 2016, which is being done by PERC (Pesticide Educational Resources Collaborative), a cooperative agreement that EPA has. That national train-the-trainer course will have a manual, an online component and a hands-on component. For the purposes of WPS, completing an EPA-approved TTT course allows that person to train in any jurisdiction. For example, if I complete the Iowa State TTT course, I could train workers in Iowa and anywhere else in the country. However, states and tribes might not allow this, e.g., they might have different (more restrictive) requirements for trainers, such as all trainers have to be certified applicators and be certified in a WPS trainer category.

How must training be done? Training presented orally from written materials or audio-visually; presented in a manner the worker/handler can understand (same) Location must be reasonably free from distraction and conducive to training. The WPS also establishes requirements for HOW the training is conducted to make it as effective as possible. The training must be presented orally from written materials, such as the manuals or a flipchart, or audio-visually, such as by a video. A lot of workers and many handlers don’t speak English, so there is a requirement that the training must be presented in a manner that the worker/handler can understand. For example, many videos are in English and Spanish. The worker manuals are available in 12-14 languages. Or the training information can be translated by someone who works there, such as the foreman or crew chief. The location for the training has to be a good learning environment so the workers and handlers can pay attention. Specifically, WPS says that the location has to be reasonably free from distraction and conducive to training. As you can see in the picture, the training can happen outside – it doesn’t have to be in a classroom. But you don’t want there to be a lot of traffic, noise or other distractions. The trainer has to be there for the entire training session so they can answer questions and provide clarification if necessary. The trainer can’t simply start the video, leave and come back once the video is done. The training has to be done using training materials that EPA has approved. We require this to make sure that the training materials are complete and of a high quality. Obviously, the materials developed by EPA are EPA-approved. EPA approved a number of training materials 20 years ago and we are compiling a list of those, which will be added to our web site. In addition, EPA has approved several videos this year, which are available on the PERC website (pesticideresources.org). -- Qualified trainer must be present during the entire training program -- Training materials must be EPA-approved.

What records must be kept? Employers must keep training records for 2 years. Record must include: handler/worker’s printed name and signature. date of the training. what EPA-approved training materials were used. name and qualifications of trainer. employer’s name. Must provide a copy of records to inspectors or workers/handlers upon request. Employers of workers or handlers must keep records of training for 2 years after the date of the training. This is required so inspectors can verify if the training has occurred. In addition, the ag employer must provide a copy to workers/handlers upon request – or to an inspector upon request. The information that needs to be included in the record is listed on the slide. WPS does not specify the format – the grower or trainer can develop whatever format they want as long as all of that information is included. For example, it could be a roster from the training that all of the workers/handlers sign by their printed name (with all of the other info) or there could be a separate page for each worker or handler. (I’ll show you two example forms from the draft How to Comply Manual, which you can show the group.)

Specific Content of Pesticide Safety Training

Decontamination Supplies

Routine Decontamination Supplies Single-use towels Soap Water

Routine Decontamination Supplies Water: quality and temperature that will not cause illness/injury when it contacts the skin or eyes or if it is swallowed If a water source is used for mixing pesticides, it must not be used for decontamination unless equipped to prevent contamination (e.g., anti-backflow siphons, check valves, air gap) Soap and single-use towels No hand sanitizing gels/liquids or wet towelettes Clean change of clothing for handlers

Routine Decontamination Supplies Revised WPS: 170.411, 170.509, 170.605(h) Provide 1 gallon of water for each worker and 3 gallons for each handler and each early entry workers measured at the beginning of the work period

Providing Decontamination Supplies Water, soap and single-use towels must be provided to workers from the time they first enter a treated area until: 7 days after the REI expires (if REI ≤ 4 hours) 30 days after the REI expires (if REI > 4 hrs)

Routine Decontamination Supplies Location Workers and Handlers Reasonably accessible, located together & outside of treated area (or area under REI) Within ¼ mile or at nearest place of vehicular access (if that place is > ¼ mile away) Handlers At any mixing site In the aircraft or at aircraft loading sites for pilots Supplies can be in treated area if protected from pesticide contamination in closed containers

Emergency Eye Flushing

Emergency Eye-Flush Revised WPS: 170.509(d) If handler is using a product that requires eye protection or using closed system under pressure, eyeflush water system must be immediately available at each mix/load site for handler eye flushing If applicator is using a product that requires eye protection, one pint of water must be immediately available to each applicator

Emergency Eye-Flush One system per mix/load site (not based on number of handlers) Immediately available to handler Eye-flush must be: System capable of delivering gently running water at 0.4 gal/min for at least 15 min OR At least 6 gallons of water in containers suitable for providing a gentle eye-flush for about 15 min

Emergency Eye Flush Possible solutions 9-gallon portable eye wash station Cooler (≥ 6 gallons) Wall-mounted eye wash station

Remember: The labeling may have different requirements! Just pointing out that AG USE REQUIREMENTS may contain additional protective provisions…READ the label for the product you recommend because you may have to provide additional protections to workers and handlers (In case anyone asks, this is from Bravo Weather Stik, active ingredient Chlorothalonil.

Just pointing out that AG USE REQUIREMENTS may contain additional protective provisions…READ the label for the product you recommend because you may have to provide additional protections to workers and handlers (In case anyone asks, this is from Bravo Weather Stik, active ingredient Chlorothalonil.

Notification of Workers [170.409]

Notification Basics Purpose: Keep workers out of treated areas during a restricted-entry interval (REI) Ag employer must notify workers about applications & entry restrictions unless (from the application through end of REI): The worker will not enter, work in, or pass on foot within ¼ mile of the treated area (outdoor) The worker will not enter any part of the enclosed structure or space (enclosed space production). Notifications must be provided orally or by posting warning signs. B. Keep workers – and other people – out of treated areas during the REI – workers, families living within 100 feet. How is this different than other hazard communications in WPS? Not intended as specific hazard information – that is covered through the safety poster, SDS, and application information Short-term information rather than long-term Reiterated in training – meaning of the warning sign.

Oral Notification [170.409(c)] Must be provided in a manner the worker can understand before the application or at the beginning of the first work period. Must include: Location and description of treated area Time during which entry is restricted Instructions not to enter treated area or application exclusion zone

Notification: Post Signs Key Revisions For enclosed-space, post warning signs only when the REI is greater than 4 hours.* For outdoor production, post warning signs when the REI is greater than 48 hours.* * Posting is always required when a product requiring double notification is used No change to the sign itself.

Posting Location (Standard Sized Sign) Signs visible from all reasonably expected points of worker entry to treated area, including at least: Each access road Each border with any worker housing area within 100 feet of treated area Each footpath and other walking route that enters treated area. If none, in corners of treated area or other location affording maximum visibility.

Posted Notification [170.409(a) & (b)] Logistics of posting Must post prior to but no earlier than 24 hours before application (not a change). Signs must be removed or covered within three days of the end of the application or REI, unless workers are kept out.

WPS Personal Protective Equipment (PPE) Requirements

WPS PPE Requirements (170.507) Key Provision – 170.507(a): (a) Handler responsibilities. Any person who performs handler activities involving a pesticide product must use the clothing and personal protective equipment specified on the pesticide product labeling for use of the product, except as provided in § 170.607 of this part. NOTES: One of 3 areas that handlers have WPS responsibilities and can be cited under the WPS. Other two are 170.505(a) and (b) – see below: § 170.505 Requirements during applications to protect handlers, workers, and other persons. (a) Prohibition from contacting workers and other persons with pesticides during application. The handler employer and the handler must ensure that no pesticide is applied so as to contact, directly or through drift, any worker or other person, other than an appropriately trained and equipped handler involved in the application. (b) Suspending applications. After [insert date two years and 60 days after the date of publication in the Federal Register], the handler performing the application must immediately suspend a pesticide application if any worker or other person, other than an appropriately trained and equipped handler involved in the application, is in the application exclusion zone described in § 170.405(a)(1) or the area specified in column B of the Table in § 170.405(b)(4).

WPS PPE Requirements (170.507) Key Provision – 170.507(b): (b) Employer responsibilities for providing personal protective equipment. The handler employer must provide to the handler the personal protective equipment required by the pesticide product labeling in accordance with this section. NOTES: Cover the requirements in the final rule, and significant changes from current rule and proposal.

WPS PPE Requirements (170.507) Key Provision – 170.507(b): (b) The handler employer must ensure that the personal protective equipment is clean and in proper operating condition. For the purposes of this section, long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, and socks are not considered personal protective equipment, although such work clothing must be worn if required by the pesticide product labeling. NOTES: Cover the requirements in the final rule, and significant changes from current rule and proposal.

Prevent Heat Stress If pesticide labeling requires the use of PPE for a handler activity, the handler employer must take appropriate measures to prevent heat-related illness. https://www.osha.gov/SLTC/heatstress/

PPE Care & Maintenance (170.507) Store and wash used PPE separately from other clothing and laundry If PPE will be reused, clean before each day of reuse: PPE manufacturer’s instructions, or Label instructions, or In detergent and hot water. Dry the clean PPE before storing Store clean PPE away from personal clothing and apart from pesticide-contaminated areas. NOTES: Under new rule: 170.507(d)(8) as below: (In current rule (i) and (ii) below were divided into 3 bullet points, but they were combined and (iii) was added. (8) The handler employer must inform any person who cleans or launders personal protective equipment of all the following: (i) That such equipment may be contaminated with pesticides and there are potentially harmful effects from exposure to pesticides. (ii) The correct way(s) to clean personal protective equipment and how to protect themselves when handling such equipment. (iii) Proper decontamination procedures that should be followed after handling contaminated personal protective equipment.

Coveralls Loose-fitting one-or two-piece garments that cover, at a minimum, the entire body except the head, neck, hands and feet. Garments = cloth! Not Tyvek or other chemical-resistant material Label may specify that coveralls be worn over clothing. Source: EPA Personal Protective Equipment Guide, 1993

OSHA Respirator Requirements Adopted by WPS

Respirator Requirements in Revised WPS: 170.507(b)(10) When a respirator is required by the labeling, handler employer must provide handlers with the following before the handler performs any activity requiring the respirator: Medical evaluation Fit test Respirator training Handler employer must maintain records for 2 years documenting completion of these.

Question Question: What if no products on the establishment (farm) have a label that requires a respirator? Answer: If none of the product labels requires a respirator, the establishment (employer) doesn’t have to comply with the WPS respirator medical evaluation, fit test and training requirements.

WPS: 40 CFR 170.507(b)(10)(iii) OSHA: 29 CFR 1910.134(e) Medical Evaluation WPS: 40 CFR 170.507(b)(10)(iii) OSHA: 29 CFR 1910.134(e)

Medical Evaluation: Basic Information Who & what: Employer must provide medical evaluation for handlers required to wear respirators by labels at no cost to handlers Why: To ensure the handler’s physical ability to safely wear the respirator When: Before the employee is fit tested and uses the respirator for the first time and as needed (more info later) Which respirators: Required for all types of respirators (if respirator use is required) Medical evaluation to wear a respirator is different than medical monitoring!

Medical Recommendation from PLHCP Physician or other Licensed Health Care Professional (PLHCP) must provide only this info to employer in writing: Determination of whether or not the employee is medically able to use a respirator Any limitations on respirator use related to the medical conditions of the employee or the workplace conditions Need, if any, for follow-up medical evaluations Statement that PLCHP provided employee with written recommendation This recommendation is the record - 2 years

OSHA does not specify a time limit for how long a medical evaluation lasts but PLHCP might as shown on this example. OSHA requires an additional medical evaluation if: Employee reports symptoms related to ability to use a respirator PLHCP, program administrator or supervisor determine a medical re-evaluation is necessary Workplace conditions (PPE, temp, work effort) have changed to increase burden Results of the medical exam reveal that additional medical evaluations are needed

WPS: 40 CFR 170.507(b)(10)(i) OSHA: 29 CFR 1910.134(f) Fit Test WPS: 40 CFR 170.507(b)(10)(i) OSHA: 29 CFR 1910.134(f)

Fit Test: Basic Information Who & what: Employer must provide handlers with fit testing using the respirator specified on the labeling at no cost to handlers Why: To ensure the respirator fits the user’s face and is capable of forming an adequate seal. If seal is not good, won’t provide expected protection. When: Before initial use, at least annually after that and if certain things happen (more later)

Fit Test: Basic Information Which respirators: Any respirator with a tight-fitting facepiece Form a complete seal with wearer’s face Additional information: Fit test must be conducted with same make, model, style and size respirator the handler wears. If different products require different respirators, must fit test for each one

Fit test? Yes Fit test? No Tight-fitting half mask elastomeric respirator Loose-fitting Powered Air-Purifying Respirator (PAPR) OSHA Small Entity Compliance Guide, 2011

Fit Test Records 40 CFR 170.507(b)(10) & 29 CFR 1910.134(m)(2) Fit test records (qualitative or quantitative): Name of handler tested Type of fit test performed Make, model and size of the respirator tested Date of the fit test Results of the fit test – pass/fail for qualitative Keep for 2 years

WPS: 40 CFR 170.507(b)(10)(ii) OSHA: 29 CFR 1910.134(k) Respirator Training WPS: 40 CFR 170.507(b)(10)(ii) OSHA: 29 CFR 1910.134(k)

Respirator Training Basic Information Who & what: Employer must provide handler with training in the use of the labeling-required respirator at no cost to handler Why: Ensure the handler knows how to use the respirator properly When: Before the handler uses the respirator in the workplace, annually after that and if knowledge/skill not retained by handler Which respirators: Required for all types of respirators (if respirator use is required.)

Records: Respirator Training Must keep records documenting completion of the training (WPS: 170.507(b)(10)) OSHA standard does not specify records for training (unlike medical evaluation & fit testing) Could use something like WPS safety training content: Handler’s printed name & signature Date of training Trainer’s name Description of materials used/information covered

Application Exclusion Zone (AEZ): Rule Overview and Interpretive Policy

WPS Protections During Applications WPS Label statement: Requirement: “Do not apply this product in a way that will contact workers or other persons, either directly or through drift. Only protected handlers may be in the area during application.” Who is responsible for compliance? Applicator (handler) Who is protected? Everyone (other than protected handlers) The protection extends beyond the boundaries of the ag establishment.

Protections During Applications in Outdoor Production Application Exclusion Zone (AEZ): Requirement (170.405(a)(1)) The WPS establishes AEZ distances in outdoor production of 25 or 100 feet around the application equipment based on application method AEZ (red) Target area (blue)

Application Exclusion Zone in Outdoor Production When the application is concluded, the AEZ no longer exists. Field AEZ Spray Area Treated Area (REI Area)

AEZs in Outdoor Production (170.405(a)(1)) 100 foot AEZ Applied aerially, by air blast or with a spray quality smaller than medium Applied as a fumigant, smoke, mist or fog 25 foot AEZ Applied other than above & sprayed from a height of >12 inches from planting medium with spray quality of medium or larger No AEZ Applied otherwise

AEZs in Outdoor Production (170.405(a)(1))

Droplet Size and Relation to AEZ ASABE Standard S-572.1 a Revised 2009. This standard defines droplet spectrum categories for the classification of spray nozzles relative to the specified reference fan nozzle. The purpose of classification is to provide the nozzle user with droplet size information primarily to indicate off-site spray drift potential and secondarily for application efficacy. b Please refer to product label for specific guidelines on a droplet spectra category required for a given application scenario. c Nozzle manufacturers will provide information necessary to place their nozzle types into a droplet spectrum category based at least on orifice size and pressure. The color code is also standard.

Two New Protections During Applications in Outdoor Production (1) Ag Employer’s AEZ responsibilities (2017): Requirement (170.405(a)(2)): During an application, the agricultural employer must keep workers and other persons out of the treated area and AEZ that is WITHIN the boundary of the establishment owner’s property Who is responsible for compliance? Ag employer Who is protected? Everyone (other than protected handlers) The protection is limited to the boundaries of the ag establishment.

Two New Protections During Applications in Outdoor Production (2) Handler’s AEZ responsibilities (2018): Requirement (170.505(b)):Handlers must immediately suspend a pesticide application if any worker or other person (other than handler) is in AEZ (170.505(b)) Who is responsible for compliance? Handler/applicator Who is protected? Everyone (other than protected handlers) The protection extends beyond the boundaries of the ag establishment.

Question: Define “other person” in regards to the AEZ “Other person” means anyone other than a worker or an appropriately trained and equipped handler involved with the application. It includes (but is not limited to): Office employees, immediate family members, “outside” mechanics or delivery people Anyone in the public

New Protections During Applications in Outdoor Production Ag employer’s AEZ requirements (on establishment) started January 2, 2017. Handlers’ AEZ requirements started January 2, 2018. Key Issue: What does “suspend a pesticide application” mean for the purposes of the WPS and the AEZ requirement?

New Protections During Applications in Outdoor Production Summary of the April 2016 WPS interpretive policy to clarify AEZ requirements and the meaning of “suspend a pesticide application”:

Applications in Outdoor Production If the AEZ extends beyond the boundary of the property of the agricultural establishment, and a worker or other person is within the AEZ, the applicator must temporarily suspend the application, and may not proceed until the applicator can ensure that the pesticide will not contact persons in the AEZ

AEZs on Field Borders WIND When the application is finished the AEZ no longer exists. SUSPEND! There are workers from the neighboring field in the AEZ, and they refuse to move! Proceed with caution. Neighboring Field Yes, the wind is blowing away from the workers and I can ensure that my application will not contact the workers in the other field. Your Field EVALUATE! Can you ensure these workers won’t be contacted through drift?

AEZ Requirements in a Nutshell Ensure that everyone (other than trained equipped handlers involved in the application) is always an appropriate distance away from the area being treated during pesticide applications When applying a pesticide near establishment borders where other persons may be in the proximity of the ongoing application (off the establishment), do the following: Suspend: If people are present, pause the application Evaluate: Evaluate conditions and ensure you can continue the application safely Resume: Resume the application only if you are confident you can continue the application without it resulting in contact with any nearby workers or other persons

Owner and Immediate Family Exemption

Exemptions (170.601) WPS exempts owners of agricultural establishments and immediate family member from many but not all WPS requirements. Revised rule: More establishments covered Changed to “majority ownership” from “wholly owned” by immediate family More establishments qualify due to expanded “immediate family” definition More immediate family members covered More people qualify due to expanded definition of “immediate family”

Definitions Immediate family is limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. “First cousin” means the child of a parent’s sibling, i.e., the child of an aunt or uncle.

Owner and Immediate Family Exemption 170.601(a) Key provision – 170.601(a)(2): The owners of agricultural establishments must provide all of the applicable protections required by this part for any employees or other persons on the establishment that are not members of their immediate family.

Owner and Immediate Family Exemption 170.601(a) Key points about exemption: There is no exemption for “family farms” The “agricultural establishment” is NOT exempt Exemption only covers the owner and immediate family members Owners and immediate family must still comply with some WPS provisions and all labeling requirements

Summary of the Revised WPS

Significant Revisions to WPS Inform workers and handlers about potential exposure to pesticides Training: annual; no grace period for workers or handlers; qualified trainers; recordkeeping; EPA-approved materials

Significant Revisions to WPS Inform workers and handlers about potential exposure to pesticides Display application information and safety data sheets (SDSs); keep records Provide upon request by worker/handler, treating medical personnel or designated representative

Significant Revisions to WPS Inform workers and handlers about potential exposure to pesticides Notify workers by posting signs if REI > 48 hours (outdoor applications)

Significant Revisions to WPS Protect workers, handlers and other people from exposure to pesticide If labeling requires respirator for handler, provide medical evaluation, fit testing and respirator training

Significant Revisions to WPS Protect workers, handlers and other people from exposure to pesticide Application exclusion zone during applications

Significant Revisions to WPS Protect workers, handlers and other people from exposure to pesticide Handlers and early-entry workers must be 18 years old

Significant Revisions to WPS Mitigate any pesticide exposures that workers or handlers receive Provide routine decontamination supplies for workers, handlers and early-entry workers

Significant Revisions to WPS Mitigate any pesticide exposures that workers or handlers receive Provide eyewash system for mixers/loaders if labeling requires protective eyewear

Owner and Immediate Family Exemption 170.601(a) Owner(s) are not required to provide the following WPS protections to themselves or members of their immediate family: 170.309(c); 170.309(f)-(j); 170.311 170.401; 170.403; 170.409; 170.411 170.501; 170.503; 170.505(c) & (d); 170.507(c)-(e); 170.509. 170.605(a)-(c) & (e)-(j). Includes WPS requirements such as: Inform: Display pesticide safety poster; display and keep records of pesticide application information and safety data sheets; worker & handler training; notify workers about pesticide applications and treated areas under REIs Protect: Minimum age; clean & maintain PPE; prevent heat-related illness Mitigate: Decontamination supplies; emergency assistance

Owner and Immediate Family Exemption 170.601(a) Owners and immediate family must still comply with the following WPS requirements: When respirators are required on the pesticide labeling, follow WPS requirements for training, medical evaluation, fit testing, and recordkeeping (170.507(b)(10)) Provide and use the PPE and other work attire listed on pesticide labeling; but they are eligible for the allowable exceptions to PPE, such as for using a closed system (170.507(a), 170.507(b) and 170.607

Owner and Immediate Family Exemption 170.601(a) Owners and immediate family must still comply with the following WPS requirements: Ensure the pesticide is applied so it does not contact anyone (requirement on label and in WPS) (170.505(a)) Keep everyone, including members of the immediate family, out of the application exclusion zone during the application (170.405) Applicator suspends application if anyone is in the application exclusion zone during the application (170.505(b))

Owner and Immediate Family Exemption 170.601(a) Owners and immediate family must still comply with the following WPS requirements: After applications, keep immediate family members performing worker tasks out of the treated area until the restricted-entry interval (REI) expires (170.407) Ensure that any pesticide applied is used in a manner consistent with the product’s labeling (170.309(a))

Outreach and Implementation

Important & Upcoming PERC Projects Web site: http://pesticideresources.org How to Comply Manual (now) Train the trainer program and manual (all new content) Worker & handler training materials (all new content) Pesticide safety information/poster (July 2017) Respirator information (Sept 2017) WPS compliance suite (Late 2017) Online train the trainer program - new content (Dec 2017) Train the trainer manual in Spanish (Dec 2017) Videos for training workers & handlers (2018)

Questions? EPA web site: http://www2.epa.gov/pesticide-worker-safety Pesticide Educational Resources Collaborate (PERC): http://www.pesticideresources.org/ Richard Pont, pont.richard@epa.gov 703-305-6448 Nancy Fitz, fitz.nancy@epa.gov 703-305-7385

WPS Implementation and Enforcement Relationship between pesticide labeling & WPS WPS requirements are incorporated onto labeling by WPS reference statement contained in the “Agricultural Use Requirements” box

Relationship between Pesticide Labeling and WPS The labeling has product-specific requirements to protect workers and handlers WPS has instructions on how to implement these requirements WPS requirements are too lengthy to place on every label WPS requirements are too length to place on every label, e.g., requirements for pesticide safety training, hazard communication, posting/notification, decontamination, and emergency assistance Pesticide Labeling Length of the restricted entry interval (REI) What PPE must be worn WPS How to notify workers about the REI (oral or field posting) Providing, maintaining, and ensuring proper fit of PPE